Senate Passes Call for Constitutional Convention
Filed Under Caucus, Martin, McConnell, Top News
The bill urges Congress to take action on illegal immigration.
After two days of debate, the South Carolina Senate
adopted and approved legislation (S. 856) requesting the United States
Congress call a Constitutional Convention concerning the local
enforcement of federal immigration law. The bill seeks to push congress
toward some definitive action on illegal immigration.
Senate President Pro Tempore, Glenn McConnell (R - Charleston), argued
strongly for the passage of the bill, largely due to the lack of action
on the part of the United States Congress. “I feel certain the only
thing that will motivate Congress to take action on illegal immigration
is a fear that they may lose authority and thereby lose their power,”
says McConnell. “This profound situation requires a profound act. If
we fail to act Congress will fail to act.”
Senator Larry Martin (R- Pickens), Chairman of the Senate Rules
Committee, said, “the South Carolina Senate has an obligation to step
up, under the Constitution, to encourage Congress to take action on a
matter of such importance as illegal immigration and this limited call
is one of the most effective tools to accomplish that.”
The proposed Constitutional amendment, for which the convention is to
be called, would prohibit the creation of any provisions in the
constitution restricting or limiting a state’s ability to enforce
federal immigration law and allow states to determine which services
provided by the state will or will not be extended to undocumented
aliens. The bill and proposed amendment also requests that states be
granted the legal authority to expel undocumented persons from its
borders who are in violation of federal immigration law.
At least 34 state legislatures must call for a convention before such
an action would be taken. The request passed by the Senate contains
several additional safeguards to prevent any unintended consequences.
First a seven-year time limit is placed on the request; secondly, the
request is deemed “void ab initio” should the convention not be
limited to the stated purpose in the South Carolina request; and
finally, should Congress propose an identical amendment by 2010, the
request would be null and void, rescinded, and no longer be of any force
or effect. The bill will now be passed to the House of Representatives
for consideration.
Comments
Leave a Reply
